Lana Oconnell
International students on an F-1 visa in the US can legally work for up to one year after graduation through the Optional Practical Training (OPT) program, with STEM majors able to extend this by up to two years. However, once OPT expires, students only have 60 days to leave the country or find alternative work authorization. Therefore, it is beneficial to research and prepare for work visas before graduating, to meet the qualifications for competitive visas. There are several options for extending a stay in the US beyond a student visa, including employment opportunities and family sponsorship.
| Characteristics | Values |
|---|---|
| F-1 Visa | Allows international students to stay in the US for up to 60 days after graduation |
| Students can apply for 12 months of Optional Practical Training (OPT) after each level of education | |
| STEM graduates can apply for an additional 17 or 24 months of OPT | |
| J-1 Visa | Length of stay depends on the program chosen |
| Camp Counselor program: likely to be four months | |
| Research Scholar and Au Pair programs: may be valid for several years | |
| H-1B Visa | Allows graduates to live and work in the US for up to three or six years |
| Requires a bachelor's, master's, or doctorate degree | |
| Must be sponsored by an employer | |
| Green Card | Allows indefinite stay and work in the US |
| Can be obtained through employer sponsorship after five years of work | |
| Can be applied for at any time, but wait times can be long |
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What You'll Learn
F-1 visa holders can stay for 60 days post-graduation
F-1 visa holders can stay in the US for up to 60 days after completing their academic program. This is a grace period during which they can prepare for their departure or make arrangements to extend their stay. One way to extend their stay is through the Optional Practical Training (OPT) program, which allows international students to gain practical work experience in their field of study. The OPT program can be up to 12 months long, and STEM graduates can extend it by an additional 17 months. During the OPT program, participants are treated as F-1 status holders and do not need a new visa.
Another option for F-1 visa holders to extend their stay is to change their visa status. They can apply for an H-1B visa, also known as the Person in Specialty Occupation Visa. This visa allows US companies to employ graduate-level workers in certain "specialty" occupations, such as science, engineering, and IT, for up to three years, with a possible extension of up to six years. It is important to note that the application for the H-1B visa must be made by the employer and not the individual.
F-1 visa holders can also explore the possibility of employer sponsorship for an EB-2 or EB-3 employment-based green card. A green card is the final goal for many international students as it permits them to work anywhere in the US, receive financial benefits, and live in the country indefinitely. However, it is important to keep in mind that visa requirements and restrictions are constantly changing, so staying informed about the latest legal rulings and news is essential for making timely decisions.
To summarize, F-1 visa holders have a 60-day grace period after graduation to either prepare for their departure or actively explore options to extend their stay in the US. This can be done through the OPT program, changing visa status, or pursuing a green card through employer sponsorship.
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OPT program: 12 months of work experience
The Optional Practical Training (OPT) program allows international students with an F-1 visa to work for up to 12 months, usually after completing their academic studies. OPT is a benefit of an F-1 visa status and not a separate work visa or visa category. Students can apply for OPT employment authorization before or after completing their academic studies. However, all periods of pre-completion OPT will be deducted from the available period of post-completion OPT.
To be eligible for OPT, students must have been enrolled full-time for at least one full academic year in the US and be physically present in the US when submitting their application. Students can work part-time (20 hours per week) and full-time during holidays with pre-completion OPT. Post-completion OPT is always full-time. Students are allowed a cumulative total of 90 days of unemployment during their 12-month OPT period.
Students must apply for OPT by submitting Form I-765, "Application for Employment Authorization". They must file within 30 days after receiving a DSO OPT recommendation. The OPT application can be submitted up to 90 days before the program end date or within 60 days after that date. It typically takes 3-4 months for an OPT application to be processed, so students are advised to apply early.
Students with degrees in STEM fields may be eligible for a 24-month extension of their 12-month post-completion OPT, making a total of 36 months.
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STEM graduates: OPT extension of 17 months
International students on an F-1 visa are usually permitted to stay in the United States for 60 days following their graduation date. However, there are several options for extending this period, which can ultimately lead to permanent residency or citizenship. One popular option is to apply for Optional Practical Training (OPT), which allows graduates to stay in the US for up to one year after completing their undergraduate or graduate degree, while gaining work experience in their field of study.
For science, technology, engineering, and mathematics (STEM) graduates, there is the option to apply for a 24-month extension of their OPT, known as the STEM OPT extension. This extension provides a total of two years of temporary training directly related to the student's program of study in an approved STEM field. To be eligible for the STEM OPT extension, students must have earned a bachelor's, master's, or doctoral degree from an accredited US college or university, and the OPT employment must be directly related to the student's STEM degree.
The STEM OPT extension application process requires students to have an approved period of Post-Completion OPT, an E-verify employer that provides formal training and learning, and a STEM OPT recommendation on the Form I-20. Students must then submit a timely application to the US Citizenship and Immigration Services (USCIS) for final adjudication. If successful, USCIS will issue an Employment Authorization Document (EAD) granting the student 24 months of work authorization.
It is important to note that the STEM OPT extension comes with significant mandatory federal reporting requirements. STEM OPT students must report to their Designated School Official (DSO) every six months to confirm their personal and employment information and submit validation reports. Additionally, students are required to complete an annual self-evaluation and report any material changes to their training plan to their DSO within five business days. To maintain their status, students are allowed a maximum of 150 days of unemployment during the 24-month STEM OPT extension period.
The STEM OPT extension provides valuable time for STEM graduates to gain practical work experience and build connections with employers in their field. This can ultimately help graduates secure employment sponsorship for visas such as the H-1B, which allows US companies to employ graduate-level workers in specialty occupations for up to six years.
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H-1B visa: 3-6 years for speciality occupations
The H-1B visa is a non-immigrant visa that allows individuals from around the world to work in the United States for a sponsoring employer. This visa is designed for speciality occupations that require a higher level of education or technical experience, such as science, medicine, engineering, and mathematics. The H-1B visa is an attractive option for international students in the United States who wish to stay longer than their OPT period, allowing them to gain further experience in their field.
The H-1B visa is valid for a maximum initial period of three years and can be extended for up to six years in total. However, there are certain exceptions to this limit, and extensions beyond six years are possible under specific circumstances. H-1B status expires at the end of the employment period, regardless of the end date stated on the approval notice. If the employment is terminated before this end date, the employer is generally required to cover the reasonable costs of the employee's return transportation.
The H-1B visa process is complex and time-consuming, involving multiple stages and two separate government agencies: the U.S. Department of Labor (DOL) and the United States Citizenship and Immigration Services (USCIS). The H-1B filing fees, typically covered by the hiring unit, include a $460 petition filing fee, a $500 anti-fraud fee, and an optional $2805 premium processing fee.
To initiate the H-1B application process, the hiring department must first sponsor the scholar they wish to employ and coordinate with them to provide the required documentation. Prospective H-1B workers must provide valid passport information or valid travel document information. The passport or travel document provided must be the same one used to enter the United States and must be valid at the time of registration.
The H-1B visa has an annual cap of 65,000 new visas each fiscal year, with an additional 20,000 petitions exempt from this cap for individuals with a master's degree or higher. These cap numbers are often reached quickly, so planning ahead is crucial when applying for the H-1B visa.
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Green card: permanent residency
International students in the US on an F-1 visa are typically only permitted to stay in the country for 60 days following their graduation date. However, there are several options to extend this period and, in some cases, achieve permanent residency.
Optional Practical Training (OPT)
OPT allows international students to stay in the US for at least one year after completing their undergraduate or graduate degree. During this time, students must find a job in their field of study to gain work experience. OPT permits full-time work (40 hours a week) or a minimum of 20 hours of part-time work per week. STEM graduates may be eligible for a two-year stay.
H-1B Visa
The H-1B non-immigrant visa is a way for international students to extend their stay in the US. This visa is for workers in specialty occupations that require someone with a degree in the applicant's field of study. Applicants must have a bachelor's, master's, or doctorate degree. Applying for this visa requires an employer to sponsor you, telling USCIS that they need you to fill a specific job.
A green card is the goal for any immigrant hoping to live permanently in the United States. It permits the holder to work anywhere in the US, receive financial benefits, and live indefinitely.
There are several ways to obtain a green card, including through employment, family, ability, and the visa lottery. The application procedures and associated costs vary. For example, applications under the first employment-based preference category might be completed in 6-8 months, whereas applications from individuals born in India or mainland China under the second and third preference categories can take years.
One way to obtain a green card is through employer sponsorship. If you attain employment while studying, your employer can sponsor you by making an application for an EB-2 or EB-3 employment-based green card. You become eligible for this visa as soon as you have worked in the United States for five years. Another option is the EB-3 visa for skilled workers, professionals, and other workers. This visa requires at least two years of experience in your job.
The USCIS currently issues the PR card (Form I-551) for a period of 10 years. It should be renewed prior to the expiration date using Form I-90.
In summary, while international students on an F-1 visa have a limited amount of time to remain in the US after graduation, there are several options to extend this period, including OPT and H-1B visas. For those seeking permanent residency, a green card is the ultimate goal, offering the ability to live and work in the US indefinitely.
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Frequently asked questions
International students in the US on an F-1 visa are typically permitted to stay in the country for 60 days following their graduation date.
One way to extend your stay in the US after graduation is through Optional Practical Training (OPT), which allows international students to work and gain practical experience in the country for up to 12 months. Students with degrees in Science, Technology, Engineering, and Mathematics (STEM) may be eligible for a 24-month OPT extension.
International students can also apply for a H-1B visa or a green card. The H-1B visa allows US companies to employ graduate-level workers in certain speciality occupations for up to three years, which may be extended for up to six years. While the green card application process is longer, it permits indefinite stay in the US.
International students can increase their chances of extending their stay by starting to plan early, gaining work experience through internships, and building connections with potential employers who may be able to sponsor their visa applications.
